ORIENTAL INSURANCE COMPANY LTD Vs. YEDLA SUSHEELA

JUDGEMENT

(1.) The 3rd respondent-insurance company in OP No. 187 of 1993 is the appellant in CMA No. 1014 of 1995. The appellant in CMA No. 500 of 1996 is the claimant in OP No. 187 of 1993. Both the appeals arise out of the order of the Motor Accident Claims Tribunal, Karimnagar dated 23-3-1995 in OP No. 187 of 1993. Since the issues involved in both the appeals are inter-related, these appeals are disposed of by a common judgment.

(2.) CMA No. 500 of 1996 was filed by the claimant questioning the order on the ground that the quantum of compensation awarded by the Tribunal is low and for not making the insurance company liable to indemnify the owner against third party risk.

(3.) The insurance company, being aggrieved by the order of the Tribunal, preferred CMA No. 1014 of 1995 contending that the Tribunal, while holding that the insurance company is not liable to indemnify the insurer for the claim under Section 166-C of the Motor Vehicles Act ('the Act' for brevity), ought not to have made the insurance company liable for 'no fault liability" and requested to set aside the order of the Tribunal exonerating the insurance company for 'no fault liability' also.